Here are a list of frequently asked questions Hunter Consulting gets about Unemployment Compensation.
Q: Is a person who was discharged for poor work performance automatically eligible to receive benefits?
A: No. The employer has to prove that the person was quality of neglecting job duties after being previously warned, in writing and was told by his/her supervisor that their job was in jeopardy. The employer holds the burden of proof that the employee was guilty of intentional misconduct and that this was not just bad hiring decision.
Q: Should a person be eligible for unemployment benefits if they quit?
A: It depends. There are extenuating circumstances in which a person can quilt and still be eligible for the benefits. There are certain conditions in the workplace which are deemed unsuitable for a person to continue working, such as safety concerns, harassments, unbearable working conditions, requirement to perform illegal or immoral acts of relocation/transfer of business requiring substantial increase in travel.
Q: An employee was laid off at the end of the current academic term, but their checks were pro-rated throughout the summer. Why are we being charged for unemployment benefits throughout the summer when they are already receiving a check from us?
A: These payments are not considered a deductible income because they were earned during the previous term. The only income that is deductible are those which were earned during the week claimed.
Q: An employee gave a two-weeks resignation notice, but we opted to terminate employment then. Why are they allowed to collect benefits?
A: If an employee is not allowed to work up the last day in which they are willing to work, the bureau deems this as termination. However, if the employer pays the person their regular wages or salary up to the day in which the employee was willing to work, then the separation will then be deemed a voluntary quit.
Q: How long will he/she collect unemployment benefits on this claim?
A: The maximum amount of weeks a claimant can collect benefits during the benefit year is 26 weeks.
Q: An employee has had numerous attendance violations and was warned verbally several times. The last occurrence, the employee was discharged under the assumption if was a false statement. Why are they able to collect benefits?
A: Even if a person has had numerous attendance violation in the past, a claim can be allowed if the last absence was for a legitimate illness or reason that can be substantiated with a doctor's statement or other documentation. The bureau will consider the final incident when they make a decision. When there are excessive attendance problems, ask for documentation. If none is provided, then take action.
Q: Why is a claim allowed for a part-time employee that works various hours (as needed)?
A: A part-time employee who was not hired to work the same hours each week will protect an employer from liability in an unemployment claim. Keep in mind, that even if a part-time employee's claim is allowed, there will be no impact on an employer's account unless actual benefits are paid to the claimant.
Q: Why do we have to attend an unemployment hearing? Isn't that why we pay you?
A: At unemployment hearings, it is extremely important for the employers first hand witness to attend and testify. Hunter Consulting can represent employers at hearing, but cannot testify on behalf of the employers. Providing proper witness for hearings can mean the difference between winning and losing.
